04-18-2011, 12:28 PM
Please flood me with any and all information. Recently a loved one was sentenced to 14 months state jail and 5 years TDCJ, both running concurrently. He also received 8 months of back time to go toward his 5 yrs TDCJ charge. I do understand he has to serve the entire 14 months of Texas state jail. Remember, he also has 8 months of back time to go toward the TDCJ sentence. He is serving time for drug charges, and none of his offenses were aggravated. He is not gang affiliated, nor does he plan to join a gang while incarcerated. We recently hired a parole attorney to help us through this difficult situation. We are not sure what help she can provide. Main reason for hiring her was to have questions answered through this whole process as this is new to my family. What are the chances he may get out/parole out at the end of his 14 month state jail sentence. When is he eligible for parole on a 5 year non aggravated 5 year TDCJ charge? Any and all insight is appreciated. Thank you.
04-18-2011, 07:46 PM
He will be eligible for parole on the 5 year TDC sentence after a little less than 8 months (so he is already eligible given his back time) and I believe that they will review him for it but he won't be released before his state jail sentence is up. It is actually possible for him to be approved for parole on the TDC sentence while still serving the state jail sentence so that he would be set for release when the state jail sentence is done but I would not expect that to happen. You should prepare for a denial for his TDC sentence until his state jail sentence is done but it is also difficult (or impossible) to predict what might happen in the best of situations and the fact of the 14 month state jail sentence complicates things even further.
Ok, I'm sort of just "thinking" out loud here with no particular point but maybe the thoughts that occur to me will give you some idea of the nature of the complication. Ok, I think that odds of the board approving parole the first time up on a five year sentence are pretty low. However, if they wanted him to go through some exit class like IPTC (which might be their preference if his offense is drug related) then they might approve parole his first time up so that he will be set to get on the waiting list once his state jail sentence is done. Now, if they do that they then have to figure whether or not the delay from having to first sit out the state jail sentence will cause him to not be able to get into and complete the class and be released before his PRD (presumed date for Release to Mandatory Supervision) arrives at around the 25 month spot. If they do not approve him for parole the first time up then they will likely have no such option open to them because, depending upon just how long it takes them to get his first parole review done, they may be hard pressed to even get a second review for parole in before his PRD arrives, never mind expect him to have time to make it through any class. Significance of the PRD if parole has already been granted is that if their PRD arrives after someone has already been approved for parole but not yet released (for whatever reason but maybe for not having yet completed a class required for the parole vote they got) then that person will instead be released to Mandatory Supervision on their PRD rather than parole and it won't matter if they have completed the class. So, to TDC it would be a waste of time and money to try to put him through a class that he can't complete before they have to release him to Mandatory Supervsion.
Now, if he hasn't been approved for parole by the time his PRD arrives then the board will review him for that and vote on whether or not to block that release. For those that have never been in prison before (and if they are eligible for Release to Mandatory Supervision, RMS) then this is their best chance at release with acorss the board approval rates at around 50%. For some classes of offense and criminal history the odds are higher and for some the odds are lower. If I had to guess at somethink I would guess that the most likely scenario would be denials until he reaches his PRD and then, if this is his first time down, a more than reasonable chance for RMS.
04-19-2011, 01:41 PM
Thank you Robinsman for your reply. I recently joined prisontalk and find your information to be very helpful. You mentioned Presumed date for release to mandatory supervision(PRD) usually occurs around the 25 month mark. Does this mean the parole board takes into consideration the 14 months state jail time plus the 8 months of back time, which equals 22 months. Which means shortly after his 22 month mark he could be eligible for PRD? Please forgive me if I don't word this correctly, I am doing the best I can, as all this is new to me and I'm trying to figure out how all this works. Your reply is very appreciated. Thank you
04-19-2011, 03:08 PM
My husband went in 2010 he had 2 year state jail sentence & 5 year TDCJ sentence! he made his first Parole in APRIL 2010. he is now finshing his State sentence. This is 2nd time down we didnt think he would get it till closer to the 2 year sentence but he did! so good luck to yours i hope he make it! oh my husband went in Jan, it said his Parole was to be June they did his early in April, he was in one the district that have high parole out ratings & that does help! the lawyer i had called to hire wouldnt take my case intill after the first parole hearing cause it takes them to long to make the file & he wouldnt had time to do it till the next hearing! best wishes!
04-19-2011, 03:13 PM
Thanks Twinkies. I appreciate your input. What district was he in that had high rate of parole out ? Also since your husband had state jail and TDCJ what was the process for him when he left the county? In terms of which units did he go to first? Any and all information appreciated.
04-20-2011, 11:25 AM
You mentioned Presumed date for release to mandatory supervision(PRD) usually occurs around the 25 month mark. Does this mean the parole board takes into consideration the 14 months state jail time plus the 8 months of back time, which equals 22 months. Which means shortly after his 22 month mark he could be eligible for PRD? ...
I assumed that his 8 months backtime in county applies to both sentences - state jail and ID - but it is only the ID sentence that conerns his PRD. If this assumption is correct then those 8 months (and counting) will count towards the 25 months. So, if he is at 8 months now then his PRD should work out to be in about another 17 months for a total of 25 months which will be 9 months after his state jail sentence is complete if the same back time applies to it. His PRD won't be quite that soon when he first transfers in but it will move up some when he (should normally) moves up in line class - aka good time earning status - after the six month mark. My 25 month estimate will vary a little bit depending on just how much time he spends in county before transfer and what line class they move him to - assuming that he does move - after the six month mark in TDC. Probably, if he gets in no trouble, he will move directly from Line Class 1 to SAT3 but it might be that they move him only to SAT4 which would cost 5 good time days per month, if I recall correctly just off the top of my head. I'll have to go look that up. Either way it won't make for a particularly large difference in time.